Alimony, or spousal support, refers to payments made by one spouse to the other following a legal separation or divorce. In New York, spousal support is paid while the couple is still married. Payments made by one former spouse to another after a divorce is final are referred to as “spousal maintenance” in New York.
Family courts award spousal support and/or maintenance to a spouse in situations in which the spouses do not enjoy the same degree of earning power and have been married for a lengthy period of time. If a court orders a spouse to pay support and/or maintenance and the spouse does not make the payments as ordered, the spouse may be found in contempt of court.
The goal of spousal support and maintenance is to make the relative financial status of each of the spouses equal or as close to it as possible. However, it is important to note that a court does not award spousal support and/or maintenance automatically in every case of divorce or separation. Again, a judge may award spousal support to one spouse while the divorce is pending.
Following is a list of some of the factors that New York courts consider when calculating the amount of a spousal maintenance award:
- Each spouse’s ability to support themselves
The amount of time a spouse would need to obtain a job or complete training in order to become employed
- The standard of living that the spouses enjoyed while married
- The length of the marriage
- Reasons for the divorce or separation
- Each party’s age, physical, and mental condition
- The ability of the spouse who must pay the award to support themselves at the same time.
If a spouse commits adultery and spends significant marital assets on their boyfriend or girlfriend, e.g., by making gifts of expensive items such as jewelry, a judge may consider the expenditures as “wasteful dissipation” of marital assets. This type of adulterous activity may become a factor when a judge considers awarding spousal maintenance.
Courts also consider other financial responsibilities and resources of each spouse, such as the following:
- Previous child support awards
- Each spouse’s other financial obligations
- Each spouse’s potential retirement benefits
- Whether each spouse’s income is taxable or not.
Spousal support can be paid in one lump sum. It may be paid on a temporary or permanent basis. The court generally considers the circumstances of each party when determining how much support is needed and for how long.
Are There Any New York Laws Created in Order to Legally Protect the Paying Spouse?
In New York, spousal support is referred to as “temporary maintenance.” As of 2016, New York law has set theoretical amounts and theoretical amounts of time for temporary maintenance payments. Although these amounts are considered to be correct and are therefore used as guidelines, judges have discretion to order payment of different amounts and different timelines.
However, the court must explain its reasoning for ordering an amount that is different from the theoretical amounts. The differing figures in order for their judgment to be considered legally binding.
New York laws governing spousal support payments are largely concerned with the recipient becoming financially independent. As such, it is considerably rare for New York courts to order spousal support payments for an indefinite amount of time.
According to a law passed in 2015, maintenance and support amounts are to be determined by a set mathematical formula that is based on each spouse’s income. This can be accomplished through the New York State Court System’s website.
In addition to some of the aforementioned factors used to calculate spousal support payments in general, the following are some examples of other factors that the court may consider:
- Both the present and future earning capacity of each spouse
- The amount of reduced or lost lifetime earning capacity of the spouse who requests support due to delayed education, training, or career opportunities because of being married
- Whether children are involved
- Whether either spouse is the primary caretaker for someone other than a shared child, such as an elderly parent
- The amount of waste or depletion of assets of marital property committed by either spouse.
New York is similar to other states in that its family courts are not limited to the above factors when considering whether to award spousal support and how much. New York courts are granted a rather generous amount of discretion with which to consider any information that could change the amount of support it awards.
A local New York attorney would be able to discuss this topic in detail.
Can a Court’s Order Be Modified at a Later Date? What Else Should I Know about Spousal Support in New York?
Generally speaking, if a change in the financial circumstances of one or both of the former spouses justifies it, a spousal support order can be modified at a later date. When either party experiences a change of circumstances in connection with their finances, they may ask a court for the modification of a support order.
Some examples of the factors that a judge considers when determining whether to award a modification include the following:
- The paying spouse has lost their job
- The paying spouse has become seriously ill and/or disabled and can no longer work
- The receiving party’s income increases
- The recipient’s financial circumstances have been negatively affected by some event which would necessitate a higher amount of spousal support
- The paying party’s financial circumstances have changed due to a good-faith retirement.
When petitioning for a modification in New York, the petitioner must file a modification petition with their local family court.
New York judges may place a limit on how long spousal maintenance payments are to be made. As of 2016, the following formulas are used to determine how long spousal maintenance should last:
- If the marriage lasts for up to 15 years, maintenance payments should be made for a period of time that is 15% to 30% of the duration of the marriage.
- If the marriage lasts for between 15 and 20 years, maintenance payments should be made for a period of time that is between 30% and 40% of the duration of the marriage.
- If the marriage lasts for over 20 years, spousal maintenance payments should be made for a period of time that is between 35% and 50% of the duration of the marriage.
If the person who receives support or maintenance payments remarries, or if either spouse dies, spousal maintenance payments would end. New York courts may not limit how long support is required for current spouses.
What Is the Cap on Spousal Maintenance?
In New York, the spouses’ respective incomes are entered into a formula by a court to determine the spousal maintenance obligation. For those people who have higher earnings, the income amounts that are taken into account are capped. The cap amount goes up every 2 years in relation to the Consumer Price Index.
As of March 1, 2024, for the next 2 years, the income cap for spousal maintenance is $228,00.
If the income of the spouse who pays maintenance is over $228,000 annually, the amount of additional support payable on the excess income, if any, is within the discretion of the judge as opposed to being part of the formulaic calculation.
Again, a family law court considers numerous factors such as those noted above.
Should I Consult a New York Attorney for Spousal Maintenance Issues?
If you live in New York and have any sort of issue with a spousal maintenance order, you want to consult an experienced alimony attorney in New York. Because state laws vary in terms of spousal maintenance, an experienced local New York family law attorney would be best suited to helping you understand New York’s laws and how they affect your case. LegalMatch.com can connect you to a New York alimony attorney.
If you are the paying party, an attorney can help ensure you stay in compliance with the orders, or modify the existing orders if your situation changes after the initial order.
If you are the receiving party, your attorney can help ensure that you are receiving your support payments appropriately. In any case, your lawyer will work to protect your legal rights and can also assist in filing for support payment modifications. Finally, an attorney will be able to represent you in a court of law, as necessary.
